Inherent-Powers-of-the-State

Inherent Powers of the State

  • In Philippine Constitutional Law and Public International Law, the fundamental powers of the state refer to three inherent powers essential for its survival and functions:

    • Police Power

    • Eminent Domain (Power of Expropriation)

    • Power of Taxation

1. Police Power

  • Definition:

    • The most pervasive and least limitable fundamental power of the State.

    • It allows the State to enact laws, ordinances, and regulations promoting general welfare, public morals, public health, and safety.

  • Scope:

    • Regulates liberty and property in the interest of the general welfare.

    • It allows for regulation of actions that may be harmful to the community.

  • Limitations:

    1. Lawful Subject Test: The public’s general interest, not a specific class's, must necessitate the exercise of police power.

    2. Lawful Means Test: The means employed must be necessary for the purpose without being unduly oppressive.

  • Who Exercises It:

    • Primarily vested in the Legislative Department; exercised also by local government units (LGUs) and delegated to administrative agencies (e.g., MMDA via RA No. 7160).

  • Examples of Police Power:

    1. Regulation of businesses (licenses, operational conditions)

    2. Sanitary regulations (waste disposal ordinances)

    3. Zoning ordinances

    4. Anti-drug and anti-crime laws

    5. Environmental laws (banning harmful activities)

  • Limitations on Police Power:

    1. Due process

    2. Equal protection of the law

    3. Human Rights

2. Eminent Domain (Power of Expropriation)

  • Definition:

    • The State's power to forcibly acquire private property for public use upon just compensation.

  • Essential Requirements:

    1. Public Use: Property must be taken for public purposes (e.g., roads, infrastructure), interpreted broadly to include public welfare.

    2. Just Compensation: Property owner must receive fair compensation for their loss.

    3. Due Process: Compliance with both substantive and procedural due process is necessary.

  • Who Exercises It:

    • Primarily exercised by the Legislature; may also be delegated to LGUs, quasi-public corporations, and government agencies (e.g., National Power Corporation).

  • Limitations:

    1. Necessity: Taking must be necessary for public use.

    2. Proportionality: There should be no excessive or arbitrary taking of property.

    3. Compensation: Must be prompt and fair.

    4. Public Use Expanded: Public use includes indirect benefits (e.g., expropriating land for public utilities).

  • Examples of Eminent Domain:

    1. Expropriation for highways, airports, schools.

    2. Expropriation for socialized housing under RA 7279.

3. Power of Taxation

  • Definition:

    • The authority to impose and collect revenues from individuals and property to fund state operations and services.

  • Characteristics of Taxation:

    1. Inherent: Inherent in every sovereign state.

    2. Comprehensive: Covers all persons, property, and businesses within jurisdiction.

    3. Plenary: Broad but not absolute; must conform to constitutional limitations.

    4. Subject to Limitations: Must adhere to due process, equal protection, and non-impairment of contracts.

  • Basic Principles of Taxation:

    1. Taxes must be for public purpose.

    2. Uniformity of Taxation: Taxes must be uniform and equitable.

    3. Non-delegation: Power to tax is vested in Congress and cannot be delegated unless authorized by law.

    4. Exemption from Taxation: Only certain entities (government, charities) are exempt.

  • Examples of Taxation Power in Practice:

    1. Imposition of income taxes (National Internal Revenue Code).

    2. VAT on goods and services.

    3. Real property taxes from local government units.

Common Limitations to the Fundamental Powers

  • Despite their inherent nature, these powers are subject to:

    1. The Bill of Rights: Exercise must respect constitutional guarantees (due process, equal protection).

    2. Public Welfare: Justified only if they serve general public interest.

    3. International Law: Must respect treaties and agreements aligned with human rights and foreign investments.